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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a substantial owner of a building newly constructed with the trade name “C Hospital” in five lots in Cheongbuk-gun B, Cheongbuk-do.
The victim D is each owner of the Cheongdo-gun, E, F, and G land, the site for the construction of the above “C Hospital,” and H is the owner of the Cheongdo-gun, Cheongdo-gun, the site for the construction of the above “C Hospital,” and the owner of the J land.
1. The criminal defendant may be exempted from detention only when he/she submitted a written agreement to the victim D by calls to the victim D at the place of early January 2015, 2015.
As to the building and land owned by the victim of C Hospital, the right to collateral security of KRW 400 million was created in K’s name. On that occasion, until May 30, 2015, the right to collateral security would be repaid to K and the right to collateral security would be terminated.
However, the Defendant started the construction of the above “C hospital” without any particular funds, and was liable for the debt of approximately KRW 2 billion in relation to the above hospital, and the construction was not determined by the construction, and thus, the Defendant did not have any intent or ability to repay the mortgage amount of KRW 400 million in the name of K even if it was established from the injured party.
Around January 30, 2015, the Defendant: (a) induced the victim; and (b) caused the victim to obtain pecuniary benefits equivalent to the same amount from K by allowing the victim to establish a mortgage of KRW 400 million in the maximum amount of the claim amount in the name of K on the building and B, E,F, and five parcels of the hospital building and B, E, F, and G land owned by Cheongdo-gun, Cheongdo-gun, and five lots of land.
2. On November 1, 201, the Defendant altered private documents, at H’s office located in the fourth floor of the Daegu Northern-gu L Building, Daegu Northern-do, the Defendant obtained consent from H to use for the construction of “C hospital” by designating land users as “M,” a building owner under his/her name, and received “written consent to land use.”
The defendant is located around that time in part of the hospital.